Back in 1968, after months of lingering in Congress, the Fair Housing Act was passed. The Fair Housing Act, championed by Dr. Martin Luther King Jr., was passed on April 11 — exactly one week after his assassination. In honor of Black History Month, this month’s column outlines the Civil Rights laws that protect your housing rights.
As originally passed, The Fair Housing Act made it illegal to discriminate in housing on the basis of someone’s race, color, national origin or religion. Since 1968, The Fair Housing Act has been amended to prohibit discrimination on the basis of sex (both gender identity and sexual orientation), familial status (having kids under 18 in the house), or disability. The different categories that are protected are each referred to as a “protected class.”
The Fair Housing Act says you cannot treat someone differently because of their membership in a protected class. These protections extend to all aspects of housing: buying, renting, and even the mortgage lending process. There is a common misconception that a landlord can discriminate if the landlord does not accept government funding, but that is not true. The Fair Housing Act also applies to private landlords.
Tennessee also has its own laws that protect against housing discrimination: The Tennessee Human Rights Act (THRA) prohibits discrimination on the basis of someone’s race, color, religion, national origin, sex, familial status, or disability. The THRA also protects people from discrimination based on “creed.”
“Creed” is a funny word. We rarely use it, yet it is part of our law here in Tennessee. Most laws include definitions of words, but the THRA does not include a definition for creed.
Recently, I looked into the definition of “creed.” According to the Black’s Law Dictionary “creed” is defined as a “guiding principle; a motto.” If you’re religious, think of the Nicene Creed. Many universities also have a creed: The University of Tennessee has the Volunteer Creed. Your creed might include the practice of holistics: the burning of sage or incense, meditation or some other non-religious practice.
What are you supposed to do if you think you are being discriminated against on the basis of your race, national origin, religion, sexual orientation, gender identity, sex, disability, or familial status?
First things first: make sure you are documenting the situation. If you’ve applied to rent somewhere and the apartment is available until the manager sees what you look like, make sure to take a photo or screenshot of the listing advertisement. Have a friend or coworker call about the apartment to see if it is still available. If the apartment is still available, discrimination may be at play and you may wish to pursue a claim under the Fair Housing Act and Tennessee Human Rights Act.
The Tennessee Fair Housing Council is a non-profit organization that provides free legal services to people that have faced housing discrimination. Give them a call and see if they can help: 615-874-2344. You can also visit their website that has lots of information about your rights: tennfairhousing.org. Alternatively, you can file a complaint with the Tennessee Human Rights Commission, which is tasked with enforcing the Tennessee Human Rights Act.
Julie Yriart is the Legal Director for the Eviction Right to Counsel program at the Nashville Hispanic Bar Association. Yriart’s columns focus on common myths and misconceptions around eviction and give practical tips to renters.